CTNF 18/893,418 CTNF 87992 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Priority 02-26 AIA Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement 06-52 AIA The information disclosure statement (IDS) submitted on 07/08/2025 and 09/23/2024 was filed after the mailing date of the application on 09/23/2024 . The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Double Patenting 08-33 AIA The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg , 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman , 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi , 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum , 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington , 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. 08-34 AIA Claim s 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-20 of U.S. Patent No. 12,133,050 B2 . Although the claims at issue are not identical, they are not patentably distinct from each other because Claims 1-20 of US patent US 12,133,050 B2 disclose each limitation of the claims of the instant application . #18/893,418 #12,133,050B2 claim 1, a device for sensing a motion of a deflectable surface, the device comprising : an optical emitter configured for emitting an optical signal towards a reflective surface of a deflectable element; an optical receiver configured for receiving a reflected optical signal from the reflective surface and for providing a reception signal based on the reflected optical signal , wherein the optical receiver comprises a plurality of receiving elements arranged for detecting a two- dimensional pattern of the reflected optical signal; and a control unit in communication with the optical receiver and configured for determining information related to the motion of the deflectable element based on the reception signal , wherein the optical emitter and the optical receiver are arranged on a top surface of the control unit, and wherein the optical emitter, the optical receiver, and the control unit are arranged inside a single package, wherein an upper surface of the single package comprises a diffracting structure that is unobstructed to the optical signal, and wherein the single package is configured to be affixed to the deflectable element. 1. A device for sensing a motion of a deflectable surface, the device comprising : a deflectable element, having a first side being deflectable and comprising a reflective surface at a second side of the deflectable element, opposing the first side, wherein the first side is an external surface of the device; an optical emitter configured for emitting an optical signal towards the reflective surface ; an optical receiver configured for receiving a reflected optical signal from the reflective surface and for providing a reception signal based on the reflected optical signal , wherein the optical receiver comprises a plurality of receiving elements arranged for detecting a two-dimensional pattern of the reflected optical signal; and a control unit in communication with the optical receiver and configured for determining information related to the motion of the deflectable element based on the reception signal , wherein the optical emitter and the optical receiver are arranged on a top surface of the control unit, and wherein the optical emitter, the optical receiver, and the control unit are arranged inside a single package , wherein an upper surface of the single package comprises a diffracting structure that is unobstructed to the optical signal, and wherein the single package is affixed to the deflectable element by a plurality of spacers, wherein the reflective surface is part of an optical microphone including the optical emitter, the optical receiver, and an optical sound port including the deflectable element, wherein the optical microphone has no hole in the single package to function as an acoustical sound port of the optical microphone, wherein the deflectable element is integrated into a cover portion of the device forming the external surface. claim 2, the device for sensing the motion of the deflectable surface according to claim 1, wherein: the deflectable element is configured to be deflectable based on an acoustic signal; and the control unit is configured for determining the information related to the motion so as to relate to the acoustic signal. 2. The device for sensing the motion of the deflectable surface according to claim 1, wherein the deflectable element is implemented such that the first side is deflected based on an acoustic signal, wherein the control unit is configured for determining the information related to the motion so as to relate to the acoustic signal. claim 3, the device for sensing the motion of the deflectable surface according to claim 1, wherein the reflected optical signal is reflected and deflected with respect to the optical signal. 3. The device for sensing the motion of the deflectable surface according to claim 1, wherein the reflected optical signal is reflected and deflected with respect to the optical signal. claim 4, the device for sensing the motion of the deflectable surface according to claim 1, wherein: the diffracting structure is arranged along an optical path between the optical emitter and the reflective surface, and between the reflective surface and the optical receiver such that the optical path passes through the diffracting structure towards the reflective surface and towards the optical receiver; and the optical receiver is arranged next to the optical emitter, and configured to be arranged opposite the reflective surface. 4. The device for sensing the motion of the deflectable surface according to claim 1, wherein the diffracting structure is arranged along an optical path between the optical emitter and the reflective surface, and between the reflective surface and the optical receiver such that the optical path passes through the diffracting structure towards the reflective surface and towards the optical receiver, and wherein the optical receiver is arranged next to the optical emitter, opposite the reflective surface. claim 5, the device for sensing the motion of the deflectable surface according to claim 1 , further comprising the deflectable element, wherein the deflectable element is part of a housing of the device, and the reflective surface is arranged at an inner surface of the housing. 5. The device for sensing the motion of the deflectable surface according to claim 1, wherein the deflectable element is part of a housing of the device, wherein the reflective surface is arranged at an inner surface of the housing. claim 6, the device for sensing the motion of the deflectable surface according to claim 1 , further comprising the deflectable element, wherein the deflectable element is part of a screen of the device, and the reflective surface is arranged at an inner surface of the screen. 6. The device for sensing the motion of the deflectable surface according to claim 1, wherein the deflectable element is part of a screen of the device, wherein the reflective surface is arranged at an inner surface of the screen. claim 7, the device for sensing the motion of the deflectable surface according to claim 1, wherein the optical emitter and the optical receiver are part of the single package, the single package comprising an optical section, and the optical emitter is configured for emitting the optical signal through the optical section. 7. The device for sensing the motion of the deflectable surface according to claim 1, wherein the optical emitter and the optical receiver are part of the single package, the single package comprising an optical section, wherein the optical emitter is configured for emitting the optical signal through the optical section. claim 8, the device for sensing the motion of the deflectable surface according to claim 7, wherein the diffraction structure comprises a diffraction grating in the optical section such that an optical path having a first section from the optical emitter to the reflective surface and a second section from the reflective surface to the optical receiver passes the diffraction grating in the first section and in the second section. 8. The device for sensing the motion of the deflectable surface according to claim 7, wherein the diffraction structure comprises a diffraction grating in the optical section such that an optical path having a first section from the optical emitter to the reflective surface and a second section from the reflective surface to the optical receiver passes the diffraction grating in the first section and in the second section. claim 9, the device for sensing the motion of the deflectable surface according to claim 1, wherein the optical emitter is a narrow-band emitter. 10. The device for sensing the motion of the deflectable surface according to claim 1, wherein the optical emitter is a narrow-band emitter. claim 10, the device for sensing the motion of the deflectable surface according to claim 1, further comprising the deflectable element, wherein a first receiving element of the plurality of receiving elements is located underneath a center portion of the reflective surface, and a second receiving element of the plurality of receiving elements is laterally spaced apart from the first receiving element. 11. The device for sensing the motion of the deflectable surface according to claim 1, wherein a first receiving element of the plurality of receiving elements is located underneath a center portion of the reflective surface, and wherein a second receiving element of the plurality of receiving elements is laterally spaced apart from the first receiving element. claim 11, the device for sensing the motion of the deflectable surface according to claim 1, wherein the control unit comprises an application specific integrated circuit. 12. The device for sensing the motion of the deflectable surface according to claim 1, wherein the control unit comprises an application specific integrated circuit. claim 12, a communication device comprising: the device for sensing the motion of the deflectable surface according to claim 1; and the deflectable element, wherein the deflectable element comprises a casing or screen of the communication device and is configured to operate a membrane of an optical microphone. 9. The device for sensing the motion of the deflectable surface according to claim 1 , being implemented as a mobile communication device, wherein the deflectable element forms a part of a casing or of a screen of the mobile communication device and acts as a membrane of the optical microphone . Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 07-20-aia AIA The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. 07-21-aia AIA Claim (s) 1-4, 7-8, 11, 13-16, 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dahl et al (US 2021/0271338 A1) in view of LaColle et al (US 2022/0167096 A1) . Regarding claim 1, Dahl et al disclose a device for sensing a motion of a deflectable surface (Dahl et al; Fig 1), the device comprising: an optical emitter configured for emitting an optical signal towards a reflective surface of a deflectable element (Dahl et al; Fig 1; optical emitter 10 configured for emitting an optical signal towards a reflective surface 26 of a deflectable element 24); an optical receiver configured for receiving a reflected optical signal from the reflective surface (Dahl et al; Fig 1; optical receiver 12 configured for receiving an optical signal from reflective surface 26 of a deflectable element 24) and for providing a reception signal based on the reflected optical signal (Dahl et al; Fig 1; Para [0106]; optical receiver 12; reception signal 32), wherein the optical receiver comprises a plurality of receiving elements arranged for detecting a two- dimensional pattern of the reflected optical signal (Dahl et al; Fig 1; Para [0106]) and a control unit in communication with the optical receiver and configured for determining information related to the motion of the deflectable element based on the reception signal (Dahl et al; Fig 1; Para [0103]; processor interpreted as control unit), wherein an upper surface of the single package comprises a diffracting structure that is unobstructed to the optical signal (Dahl et al; Fig 1; diffraction structure 14), and wherein the single package is configured to be affixed to the deflectable element (Dahl et al; Fig 1; rim 22 is configured to affix package 18 to deflectable element 24); but do not expressly disclose wherein the optical emitter and the optical receiver are arranged on a top surface of the control unit, and wherein the optical emitter, the optical receiver, and the control unit are arranged inside a single package. However, in the same field of endeavor, LaColle et al disclose an optical transducer wherein the optical emitter and the optical receiver are arranged on a top surface of the control unit (LaColle et al; Fig 1C; emitter 14 and receiver 16 are arranged on top surface of control unit 6) and wherein the optical emitter, the optical receiver, and the control unit are arranged inside a single package (LaColle et al; Fig 1C; emitter 14 and receiver 16 are arranged inside a single package). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the sensors arrangement taught by LaColle as arrangement in the optical sensor in the device taught by Dahl. The motivation to do so would have been to provide an improved frequency response of the optical microphone (LaColle et al; Para [0086]). Regarding claim 2, Dahl et al in view of LaColle et al disclose the device for sensing the motion of the deflectable surface according to claim 1, but do not expressly disclose wherein: the deflectable element is configured to be deflectable based on an acoustic signal; and the control unit is configured for determining the information related to the motion so as to relate to the acoustic signal. However, in the same field of endeavor, LaColle et al disclose an optical transducer wherein: the deflectable element is configured to be deflectable based on an acoustic signal (LaColle et al; Para [0074]); and the control unit is configured for determining the information related to the motion so as to relate to the acoustic signal (LaColle et al; Para [0075]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the sensors arrangement taught by LaColle as arrangement in the optical sensor in the device taught by Dahl. The motivation to do so would have been to provide an improved frequency response of the optical microphone (LaColle et al; Para [0086]). Regarding claim 3, Dahl et al in view of LaColle et al disclose the device for sensing the motion of the deflectable surface according to claim 1, wherein the reflected optical signal is reflected and deflected with respect to the optical signal (Dahl et al; Para [0030]). Regarding claim 4, Dahl et al in view of LaColle et al disclose the device for sensing the motion of the deflectable surface according to claim 1, wherein: the diffracting structure is arranged along an optical path between the optical emitter and the reflective surface (Dahl et al; Fig 1; Para [0102]; diffraction structure 14 between emitter 10 and reflective surface 26), and between the reflective surface and the optical receiver such that the optical path passes through the diffracting structure towards the reflective surface and towards the optical receiver (Dahl et al; Fig 1; Para [0102]; optical path between the reflective surface 26 and the optical receiver 12 such that the optical path passes through the diffracting structure 14 towards the reflective surface and towards the optical receiver); and the optical receiver is arranged next to the optical emitter, and configured to be arranged opposite the reflective surface (Dahl et al; Fig 1; Para [0102]; optical receiver 12 is arranged next to optical emitter 10 and receiver is arranged opposite the reflective surface 26). Regarding claim 7, Dahl et al in view of LaColle et al disclose the device for sensing the motion of the deflectable surface according to claim 1, wherein the optical emitter and the optical receiver are part of the single package (Dahl et al; Fig 1; emitter 10 and receiver 12 are part of package 6), the single package comprising an optical section, and the optical emitter is configured for emitting the optical signal through the optical section (Dahl et al; Fig 1; package 6 comprises optical section 2 and the optical emitter is configured for emitting the optical signal through the optical section). Regarding claim 8, Dahl et al in view of LaColle et al disclose the device for sensing the motion of the deflectable surface according to claim 7, wherein the diffraction structure comprises a diffraction grating (Dahl et al; Para [0101]; Fig 1; grating 14) in the optical section such that an optical path having a first section from the optical emitter to the reflective surface (Dahl et al; Para [0101]; Fig 1; optical path 32) and a second section from the reflective surface to the optical receiver passes the diffraction grating in the first section and in the second section (Dahl et al; Para [0101]; Fig 1; optical path 32 through grating 14 from emitter to reflective surface and from the reflective surface to the receiver). Regarding claim 11, Dahl et al in view of LaColle et al disclose the device for sensing the motion of the deflectable surface according to claim 1, but do not expressly disclose wherein the control unit comprises an application specific integrated circuit. However, in the same field of endeavor, LaColle et al disclose an optical transducer wherein the control unit comprises an application specific integrated circuit (LaColle et al; Para [0030]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the sensors arrangement taught by LaColle as arrangement in the optical sensor in the device taught by Dahl. The motivation to do so would have been to provide an improved frequency response of the optical microphone (LaColle et al; Para [0086]). Regarding claim 13, Dahl et al disclose a method of sensing a motion of a deflectable surface (Dahl et al; Fig 1), the method comprising: emitting, by an optical emitter, an optical signal towards a reflective surface of a deflectable element (Dahl et al; Fig 1; optical emitter 10 configured for emitting an optical signal towards a reflective surface 26 of a deflectable element 24); receiving, by an optical receiver, a reflected optical signal from the reflective surface (Dahl et al; Fig 1; optical receiver 12 configured for receiving an optical signal from reflective surface 26 of a deflectable element 24); providing, by the optical receiver, a reception signal based on the reflected optical signal (Dahl et al; Fig 1; Para [0106]; optical receiver 12; reception signal 32), wherein the optical receiver comprises a plurality of receiving elements arranged for detecting a two-dimensional pattern of the reflected optical signal (Dahl et al; Fig 1; Para [0106]); and determining, by a control unit in communication with the optical receiver, information related to the motion of the deflectable element based on the reception signal (Dahl et al; Fig 1; Para [0032][0103]; processor interpreted as control unit detect vibration of surface 24), wherein an upper surface of the single package comprises a diffracting structure that is unobstructed to the optical signal (Dahl et al; Fig 1; diffraction structure 14), and wherein the single package is affixed to the deflectable element (Dahl et al; Fig 1; rim 22 is configured to affix package 18 to deflectable element 24), but do not expressly disclose wherein the optical emitter and the optical receiver are arranged on a top surface of the control unit, and wherein the optical emitter, the optical receiver, and the control unit are arranged inside a single package. However, in the same field of endeavor, LaColle et al disclose a method wherein the optical emitter and the optical receiver are arranged on a top surface of the control unit (LaColle et al; Fig 1C; emitter 14 and receiver 16 are arranged on top surface of control unit 6) and wherein the optical emitter, the optical receiver, and the control unit are arranged inside a single package (LaColle et al; Fig 1C; emitter 14 and receiver 16 are arranged inside a single package). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the sensors arrangement taught by LaColle as arrangement in the optical sensor in the device taught by Dahl. The motivation to do so would have been to provide an improved frequency response of the optical microphone (LaColle et al; Para [0086]). Regarding claim 14, Dahl et al in view of LaColle et al disclose the method according to claim 13, but do not expressly disclose further comprising; deflecting the deflectable element based on an acoustic signal; and determining, by the control unit, the information related to the motion so as to relate to the acoustic signal. However, in the same field of endeavor, LaColle et al disclose a method further comprising; deflecting the deflectable element based on an acoustic signal (LaColle et al; Para [0074]); and determining, by the control unit, the information related to the motion so as to relate to the acoustic signal (LaColle et al; Para [0075]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the sensors arrangement taught by LaColle as arrangement in the optical sensor in the device taught by Dahl. The motivation to do so would have been to provide an improved frequency response of the optical microphone (LaColle et al; Para [0086]). Regarding claim 15, Dahl et al in view of LaColle et al disclose the method according to claim 13, wherein the reflected optical signal is reflected and deflected with respect to the optical signal (Dahl et al; Para [0030]). Regarding claim 16, Dahl et al in view of LaColle et al disclose the method according to claim 13, wherein: the diffracting structure is arranged along an optical path between the optical emitter and the reflective surface (Dahl et al; Fig 1; Para [0102]; diffraction structure 14 between emitter 10 and reflective surface 26), and between the reflective surface and the optical receiver such that the optical path passes through the diffracting structure towards the reflective surface and towards the optical receiver (Dahl et al; Fig 1; Para [0102]; optical path between the reflective surface 26 and the optical receiver 12 such that the optical path passes through the diffracting structure 14 towards the reflective surface and towards the optical receiver); and the optical receiver is arranged next to the optical emitter, and opposite the reflective surface (Dahl et al; Fig 1; Para [0102]; optical receiver 12 is arranged next to optical emitter 10 and receiver is arranged opposite the reflective surface 26). Regarding claim 19, Dahl et al in view of LaColle et al disclose the method according to claim 13, wherein: the optical emitter and the optical receiver are part of the single package (Dahl et al; Fig 1; emitter 10 and receiver 12 are part of package 6), the single package comprises an optical section, and emitting the optical signal comprises emitting the optical signal through the optical section (Dahl et al; Fig 1; package 6 comprises optical section 2 and the optical emitter is configured for emitting the optical signal through the optical section). Regarding claim 20, Dahl et al in view of LaColle et al disclose the method according to claim 19, wherein the diffraction structure comprises a diffraction grating (Dahl et al; Para [0101]; Fig 1; grating 14) in the optical section such that an optical path having a first section from the optical emitter to the reflective surface (Dahl et al; Para [0101]; Fig 1; optical path 32) and a second section from the reflective surface to the optical receiver passes the diffraction grating in the first section and in the second section (Dahl et al; Para [0101]; Fig 1; optical path 32 through grating 14 from emitter to reflective surface and from the reflective surface to the receiver) . 07-21-aia AIA Claim (s) 5, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dahl et al (US 2021/0271338 A1) in view of LaColle et al (US 2022/0167096 A1) and further in view of Kobayashi et al (US 2005/0163509 A1) . Regarding claim 5, Dahl et al in view of LaColle et al disclose the device for sensing the motion of the deflectable surface according to claim 1, further comprising the deflectable element, and the reflective surface is arranged at an inner surface of the housing (Dahl et al; Fig 1; reflective surface 26); but do not expressly disclose wherein the deflectable element is part of a housing of the device. However, in the same field of endeavor, Kobayashi et al disclose an optical transducer wherein the deflectable element is part of a housing of the device (Kobayashi et al; Fig 1; deflectable element 2 is part of housing 1). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the housing taught by Kobayashi as housing in the optical sensor in the device taught by Dahl. The motivation to do so would have been to improve sensitivity and light modulation width (Kobayashi et al; Para [0002]). Regarding claim 17, Dahl et al in view of LaColle et al disclose the method according to claim 13, and the reflective surface is arranged at an inner surface of the housing (Dahl et al; Fig 1; reflective surface 26) but do not expressly disclose wherein the deflectable element is part of a housing of a device. However, in the same field of endeavor, Kobayashi et al disclose an optical transducer wherein the deflectable element is part of a housing of the device (Kobayashi et al; Fig 1; deflectable element 2 is part of housing 1). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the housing taught by Kobayashi as housing in the optical sensor in the device taught by Dahl. The motivation to do so would have been to improve sensitivity and light modulation width (Kobayashi et al; Para [0002]) . 07-21-aia AIA Claim (s) 6, 12, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dahl et al (US 2021/0271338 A1) in view of LaColle et al (US 2022/0167096 A1) and further in view of Pance et al (US 2012/0306823 A1) . Regarding claim 6, Dahl et al in view of LaColle et al disclose the device for sensing the motion of the deflectable surface according to claim 1, but do not expressly disclose further comprising the deflectable element, wherein the deflectable element is part of a screen of the device, and the reflective surface is arranged at an inner surface of the screen. However, in the same field of endeavor, Pance et al disclose an optical transducer wherein the deflectable element is part of a screen of the device, wherein the reflective surface is arranged at an inner surface of the screen (Pance et al; Fig 3; screen 102; surface of 102 reflecting light is at an inner surface of screen). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the screen taught by Pance as deflectable element in the optical sensor in the device taught by Dahl. The motivation to do so would have been for providing a plurality of deflectable element option to the user of the device. Regarding claim 12, Dahl et al disclose a communication device (Dahl et al; Para [0002]) comprising: the device for sensing the motion of the deflectable surface according to claim 1 (Dahl et al in view of LaColle et al disclose claim 1); and the deflectable element (Dahl et al; Fig 1; deflectable element 24), but do not expressly disclose wherein the deflectable element comprises a casing or screen of the communication device and is configured to operate a membrane of an optical microphone. However, in the same field of endeavor, Pance et al disclose an optical transducer wherein the deflectable element comprises a casing or screen of the communication device and is configured to operate a membrane of an optical microphone (Pance et al; Fig 3; screen 102; surface of 102 reflecting light is at an inner surface of screen as optical microphone). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the screen taught by Pance as deflectable element in the optical sensor in the device taught by Dahl. The motivation to do so would have been for providing a plurality of deflectable element option to the user of the device. Regarding claim 18, Dahl et al in view of LaColle et al disclose the method according to claim 13, but do not expressly disclose wherein the deflectable element is part of a screen of a device, and the reflective surface is arranged at an inner surface of the screen. However, in the same field of endeavor, Pance et al disclose an optical transducer wherein the deflectable element is part of a screen of a device, and the reflective surface is arranged at an inner surface of the screen (Pance et al; Fig 3; screen 102; surface of 102 reflecting light is at an inner surface of screen). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the screen taught by Pance as deflectable element in the optical sensor in the device taught by Dahl. The motivation to do so would have been for providing a plurality of deflectable element option to the user of the device . 07-21-aia AIA Claim (s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dahl et al (US 2021/0271338 A1) in view of LaColle et al (US 2022/0167096 A1) and further in view of Loock et al (US 2010/0154620 A1) . Regarding claim 9, Dahl et al in view of LaColle et al disclose the device for sensing the motion of the deflectable surface according to claim 1, but do not expressly disclose wherein the optical emitter is a narrow-band emitter. However, in the same field of endeavor, Loock et al disclose a device wherein the optical emitter is a narrow-band emitter (Loock et al; Para [0041]-[0044]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the optical emitter taught by Loock as optical emitter in the vibration sensor in the device taught by Dahl. The motivation to do so would have been to reduce the cost of the device (Loock et al; Para [0043]) . 07-21-aia AIA Claim (s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dahl et al (US 2021/0271338 A1) in view of LaColle et al (US 2022/0167096 A1) and further in view of Hall et al (US 2016/0219375 A1) . Regarding claim 10, Dahl et al in view of LaColle et al disclose the device for sensing the motion of the deflectable surface according to claim 1, but do not expressly disclose further comprising the deflectable element, wherein a first receiving element of the plurality of receiving elements is located underneath a center portion of the reflective surface, and a second receiving element of the plurality of receiving elements is laterally spaced apart from the first receiving element. However, in the same field of endeavor, Hall et al disclose an optical transducer further comprising the deflectable element, wherein a first receiving element of the plurality of receiving elements is located underneath a center portion of the reflective surface, and a second receiving element of the plurality of receiving elements is laterally spaced apart from the first receiving element (Hall et al; Fig 6; first receiving element 614 is laterally spaced apart from receiving element 618 underneath reflective surface 604). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the optical element arrangement taught by Hall as optical element arrangement in the vibration sensor in the device taught by Dahl. The motivation to do so would have been to provide improvements in the field of optical vibration sensor (Hall et al; Para [0006]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KUASSI A GANMAVO whose telephone number is (571)270-5761. The examiner can normally be reached M-F 9 AM-5PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Carolyn Edwards can be reached at 5712707136. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KUASSI A GANMAVO/Examiner, Art Unit 2692 /CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692 Application/Control Number: 18/893,418 Page 2 Art Unit: 2692 Application/Control Number: 18/893,418 Page 3 Art Unit: 2692 Application/Control Number: 18/893,418 Page 4 Art Unit: 2692 Application/Control Number: 18/893,418 Page 5 Art Unit: 2692 Application/Control Number: 18/893,418 Page 6 Art Unit: 2692 Application/Control Number: 18/893,418 Page 7 Art Unit: 2692 Application/Control Number: 18/893,418 Page 8 Art Unit: 2692 Application/Control Number: 18/893,418 Page 9 Art Unit: 2692 Application/Control Number: 18/893,418 Page 10 Art Unit: 2692 Application/Control Number: 18/893,418 Page 11 Art Unit: 2692 Application/Control Number: 18/893,418 Page 12 Art Unit: 2692 Application/Control Number: 18/893,418 Page 13 Art Unit: 2692 Application/Control Number: 18/893,418 Page 14 Art Unit: 2692 Application/Control Number: 18/893,418 Page 15 Art Unit: 2692 Application/Control Number: 18/893,418 Page 16 Art Unit: 2692 Application/Control Number: 18/893,418 Page 17 Art Unit: 2692 Application/Control Number: 18/893,418 Page 18 Art Unit: 2692 Application/Control Number: 18/893,418 Page 19 Art Unit: 2692 Application/Control Number: 18/893,418 Page 20 Art Unit: 2692 Application/Control Number: 18/893,418 Page 21 Art Unit: 2692 Application/Control Number: 18/893,418 Page 22 Art Unit: 2692 Application/Control Number: 18/893,418 Page 23 Art Unit: 2692 Application/Control Number: 18/893,418 Page 24 Art Unit: 2692 Application/Control Number: 18/893,418 Page 25 Art Unit: 2692 Application/Control Number: 18/893,418 Page 26 Art Unit: 2692 Application/Control Number: 18/893,418 Page 27 Art Unit: 2692 Application/Control Number: 18/893,418 Page 28 Art Unit: 2692 Application/Control Number: 18/893,418 Page 29 Art Unit: 2692 Application/Control Number: 18/893,418 Page 30 Art Unit: 2692 Application/Control Number: 18/893,418 Page 32 Art Unit: 2692 Application/Control Number: 18/893,418 Page 33 Art Unit: 2692 Application/Control Number: 18/893,418 Page 34 Art Unit: 2692 Application/Control Number: 18/893,418 Page 35 Art Unit: 2692 Application/Control Number: 18/893,418 Page 36 Art Unit: 2692 Application/Control Number: 18/893,418 Page 37 Art Unit: 2692 Application/Control Number: 18/893,418 Page 38 Art Unit: 2692 Application/Control Number: 18/893,418 Page 39 Art Unit: 2692 Application/Control Number: 18/893,418 Page 41 Art Unit: 2692
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